The offender, a 64-year-old first-time offender, was convicted of sexually assaulting his former partner by forcing anal intercourse.
The Crown sought a three-year penitentiary sentence, while the defence requested a suspended sentence due to the offender's life-threatening C. difficile infection.
The court found that while a 22-month sentence would normally be fit, the offender's unique and severe medical condition meant incarceration would seriously compromise his life.
The court imposed a suspended sentence with three years of probation, including strict house arrest conditions to protect the public from infection.
